I am temporary guardian to a 14 year old child/relative. I'm going to call this child 'A'. 'A' has been in trouble in the past and is now in the court system awaiting sentencing for a major transgression. I believe they will be sentencing 'A' to probation. 'A' recently rec'd a graphic photo sent via cell-phone. The person 'B' that sent the photo is 17 years old and an acquaintance. My child denies provoking the photo. I have the phone locked in a safe for the time being. I've not looked at the picture.
'B' is very fearful and after talking with 'B's mom, I'm guessing this was a one-time bad judgment on 'B's part.
I just don't know what to do with the freakin' phone. There are many people who are aware that the picture was sent. Specifically A's father (Dad from hell).
Will I be in trouble with the law if I destroy the cell phone? I'm reluctant to go to the police because A is doing fairly well in my home. I'd like A to see a different way of life. A's former life was quite chaotic and violent and just plain awful.
Any suggestions?
Thanks
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asilonline3
Posts:
2
Registered:
2/19/12
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(12 of 12)
Feb 19, 2012 4:37 AM
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Thanks a lot for this valuable information
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Mark_Manning08
Posts:
5
From:
1191 Bowen Rd. #2 Elma, NY 14059
Registered:
12/19/11
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(11 of 12)
Jan 27, 2012 1:29 AM
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I am not a lawyer so I cant exactly tell you that you can escape if you dispose of a crucial evidence such as that. but as far as i know. I think you can get rid of it. just be discreet though.
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Tredor_John
Posts:
6
From:
1191 Bowen Rd. #2 Elma, NY 14059
Registered:
12/8/11
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(10 of 12)
Jan 27, 2012 1:02 AM
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i think in your part. you can deny or make an alibi about the phones ware-abouts. just convince them it was stolen or something. if really think that it is the best way to give A a chance then i support you of your decision.
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earnestdean513
Posts:
1
Registered:
10/25/11
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(9 of 12)
Dec 30, 2011 11:37 AM
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I dont think you should worry about it. Kids are going to be kids regardless of what you do to prevent things like this. The Internet open the door to many more sexual activities. So I feel personally that destroying the phone will do no good. what you need to do is tell A's Parents and prevent A from going from sexting to actual sex...
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userseff
Posts:
1
From:
Egypt
Registered:
12/28/11
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(8 of 12)
Dec 28, 2011 1:28 AM
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Thanks a lot for this valuable information, which reflect the experience
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SchwenLarson
Posts:
1
Registered:
11/2/11
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(7 of 12)
Nov 29, 2011 12:39 PM
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Okay, so let me see if I understant. "A" didn't actually DO anything except possibly "provoke" an illicit photo. So "A" is not in trouble. "B" made an error in judgement but has parents who care about him or her? If it were me, I'd bring the phone to the parents of "B" and tell them what happened and ask what they'd like to do. "A" should not be implicated in the issue and "B"s parents should be allowed to handle the problem. IMO.
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Cindy9934
Posts:
1
Registered:
11/11/11
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(6 of 12)
Nov 11, 2011 3:38 AM
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Why would you destroy the cell phone, you can just delete the offending picture.
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CharlesC
Posts:
1
From:
Wales UK
Registered:
10/13/11
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(5 of 12)
Oct 13, 2011 1:37 AM
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Definitely seek advice from your child's case worker.
If the photo is explicit, a crime has been committed by "B" (albeit via a 'lack of judgement') and deleting the photo could be construed as a) tampering with evidence and b) obstruction of justice.
Let someone else make the decision.
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GinoTan
Posts:
1
From:
Woodside, NY
Registered:
10/3/11
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(4 of 12)
Oct 3, 2011 2:50 AM
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Interesting corner. Sexting seems a horrible issues nowadays. Sexting or sending nude and erotic texts is the new popular thing to do among teens but sending sexual images to minors is against the law and some states have begun prosecuting kids for child pornography or felony obscenity. Parents should remind their kids about sexting and its consequences for them.
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Haryana
Posts:
1
From:
gurgaon
Registered:
2/23/10
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(3 of 12)
Feb 23, 2010 6:07 AM
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Sexting is a difficult subject. The dilemma is that most parents do not know how to text and they do not monitor what their child is doing. Children have more freedom than they used to. However we must remember that they are kids. By nature, they do not consider consequences.The case is the first in the country to challenge the constitutionality of bringing child pornography charges in the context of sexting.
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Maureen
Posts:
667
Registered:
6/13/07
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(2 of 12)
Jan 6, 2010 9:43 AM
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Welcome DivineMsP, One option would be to simply delete the photo since A didn't send or forward it (confirm that’s the case during a relaxed, nonconfrontational chat, which sounds like your style anyway). Some experts advise that you report the photo to police, but consider that, while intending to protect A, you could incriminate B - and possibly A. That's why it's usually good to simply talk to the kids about why sexting is against the law (e.g., it’s considered distribution of child pornography - see more advice for parents dealing with sexting here.) I’m no lawyer, but I can see why you’re concerned that A’s father could use this episode to stir up problems for A or for you. If this is or becomes an issue, maybe consider speaking to A’s court-appointed lawyer to get his/her advice. I hope this helps. Please let us know how it goes, ok? All the best, Maureen -- Maureen Kochan ConnectSafely community manager |
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DivineMsP
Posts:
1
Registered:
1/5/10
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(1 of 12)
Jan 5, 2010 9:36 AM
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I am temporary guardian to a 14 year old child/relative. I'm going to call this child 'A'. 'A' has been in trouble in the past and is now in the court system awaiting sentencing for a major transgression. I believe they will be sentencing 'A' to probation. 'A' recently rec'd a graphic photo sent via cell-phone. The person 'B' that sent the photo is 17 years old and an acquaintance. My child denies provoking the photo. I have the phone locked in a safe for the time being. I've not looked at the picture.
'B' is very fearful and after talking with 'B's mom, I'm guessing this was a one-time bad judgment on 'B's part.
I just don't know what to do with the freakin' phone. There are many people who are aware that the picture was sent. Specifically A's father (Dad from hell).
Will I be in trouble with the law if I destroy the cell phone? I'm reluctant to go to the police because A is doing fairly well in my home. I'd like A to see a different way of life. A's former life was quite chaotic and violent and just plain awful.
Any suggestions?
Thanks
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